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| Public Act 100-0536 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Employee Misclassification Referral System Act. | ||||
Section 5. Employee misclassification referral system. The | ||||
Department of Labor shall create an online employee | ||||
misclassification referral system on its website. The employee | ||||
misclassification referral system shall use one form that | ||||
contains all the necessary information required for employee | ||||
misclassification complaints to the Department of Employment | ||||
Security, the Illinois Workers' Compensation Commission, the | ||||
Department of Revenue, and the Department of Labor. The | ||||
employee misclassification referral system shall refer | ||||
complaints to the appropriate agency or agencies based on the | ||||
information supplied by the individual making the complaint. | ||||
Anonymous and third-party complaints shall not be accepted by | ||||
the employee misclassification referral system. | ||||
Upon completion of an investigation that was initiated | ||||
through the employee misclassification referral system, the | ||||
investigating agency, except for the Department of Employment | ||||
Security, shall report to the Department of Labor any | ||||
determination of an employee misclassification. That result | ||||
shall be shared with the employer and the individual who filed | ||
the complaint. The Department of Labor shall also maintain in | ||
the employee misclassification referral system, and make | ||
accessible for review by any agency that regulates or licenses | ||
the employer that was the subject of the investigation, the | ||
results of a determination of employee misclassification and | ||
all appeals and administrative reviews. | ||
The Department of Labor website shall also include links | ||
for the filing of complaints with the Internal Revenue Service | ||
and the Social Security Administration. | ||
Section 10. Agency website information. The Department of | ||
Employment Security, the Illinois Workers' Compensation | ||
Commission, the Department of Revenue, the Department of Labor, | ||
and any other agency that regulates or licenses businesses | ||
shall put on its website, in a relevant and conspicuous place, | ||
a description of the purpose of the employee misclassification | ||
referral system provided by the Department of Labor and a link | ||
to the employee misclassification referral system. | ||
An agency, upon receiving a complaint of employee | ||
misclassification, shall direct the individual making the | ||
complaint to the employee misclassification referral system or | ||
may make the complaint on behalf of that individual. | ||
Section 15. Rulemaking. The Department of Labor may adopt | ||
rules to implement the requirements of this Act. | ||
Section 30. The Home Health, Home Services, and Home | ||
Nursing Agency Licensing Act is amended by changing Section 8 | ||
as follows:
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(210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)
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Sec. 8. An application for a license may be denied for any | ||
of the
following reasons:
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(a) failure to meet the minimum standards prescribed by | ||
the
Department pursuant to Section 6;
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(b) satisfactory evidence that the moral character of | ||
the applicant
or supervisor of the agency is not reputable. | ||
In determining moral
character, the Department may take | ||
into consideration any convictions of
the applicant or | ||
supervisor but such convictions shall not operate as a
bar | ||
to licensing;
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(c) lack of personnel qualified by training and | ||
experience to
properly perform the function of a home | ||
health agency;
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(d) insufficient financial or other resources to | ||
operate and conduct
a home health, home services, or home | ||
nursing agency in accordance with the requirements of this | ||
Act and
the minimum standards, rules and regulations | ||
promulgated thereunder; or .
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(e) a final determination, that includes exhaustion of | ||
all available appeal and administrative review rights, of a | ||
violation of Section 1400 or 1400.2 of the Unemployment | ||
Insurance Act or subsection (d) of Section 4 of the | ||
Workers' Compensation Act. | ||
(Source: P.A. 94-379, eff. 1-1-06.)
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